Terms & Conditions

The Service Plan you agree to with Votiko (the "Service Plan") and these Terms (collectively referred to as this "Agreement") form the entire agreement between you and Votiko, superseding all prior agreements, understandings, and communications. Votiko will provide Services solely under a Service Plan mutually agreed upon. The Service Plan is governed by these Terms and is incorporated by reference. In case of any conflict between these Terms and the Service Plan, the Service Plan will prevail.

If telephone answering services are included, (a) Votiko is not responsible for transferring Client telephone lines to the Call Center, and (b) the Client authorizes Votiko to record messages between the Client's callers and the Call Center. Votiko offers various rate plans tailored to individual client needs and objectives.

Based on the features selected in the Service Plan, Votiko will levy certain Miscellaneous Fees as detailed in the Service Plan. These fees may include, but are not limited to: (a) Holiday-related fees for New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. (b) Additional charges for maintenance, programming, coding, software development, general technology services, and telephony services, including troubleshooting. (c) Fees, costs, and expenses for additional training and coaching of Votiko employees in connection with new, enhanced, upgraded, or revised Client products or services.

For any billing inquiries, please contact our Billing Department via phone at 630-923-8375 or email at [email protected].

From the start date indicated in the Service Plan, Votiko will provide regular services to the Client. The Client must pay the Recurring Charge on or before the Start Date, and on or before the first day of each successive billing cycle. Votiko reserves the right to adjust any component of the Recurring Charge, variable Overage Use charge, or Miscellaneous Fees, upon notice to the Client. The Client must always maintain a valid form of payment on file with Votiko. Late payments may be subject to a late fee of 1.5% per month or the maximum rate permitted by law.

Votiko will provide Services for the period specified in the Service Plan, which will automatically renew unless either Votiko or the Client gives thirty (30) days prior written notice of termination. The Client may request changes to the Service Plan by contacting Votiko via phone or email, and such changes must be approved by an authorized Votiko representative.

Votiko may terminate Services immediately, with or without notice, if the Client is in Material Default, defined as: (i) Suspected illegal, fraudulent, or illicit activity; (ii) Abusive, disrespectful, or inappropriate behavior by the Client, their staff, or callers towards Votiko personnel; (iii) Breach or violation of any Agreement terms; (iv) Failure to pay any due amounts; (v) Insolvency, bankruptcy, or related proceedings.

The Client must promptly respond to any Votiko request for direction, information, approvals, authorizations, or decisions necessary for Votiko to perform the Services under this Agreement. Votiko will not be in breach of its obligations or liable for any costs, charges, or losses sustained by the Client if Votiko's performance is prevented or delayed by any act or omission of the Client, their agents, subcontractors, consultants, or employees.

In compliance with applicable law, the Client agrees that Votiko may contact them via email, phone, text message, or any other communication method using the provided information for fulfilling duties under this Agreement. This includes marketing, promotional purposes, customer service, system maintenance, billing and collections, surveys, and returning messages. Votiko may disclose information to comply with applicable law, regulations, or valid legal processes.

The Client is responsible for all sales, use, excise taxes, and any other similar taxes, duties, and charges imposed by any federal, state, or local government entity on any amounts payable under this Agreement.

The Client must provide Votiko with scripted texts to answer questions about the Client's products and services. Votiko will train its representatives and AI Agent based on these scripts. Votiko will make reasonable efforts to follow the scripts, but the Client is responsible for answering questions that cannot be addressed by Votiko's representatives or AI Agent. The AI Agent uses the Client's scripts to generate responses, but Votiko does not control the specific content produced by the AI Agent. Clients may opt out of using the AI Agent.

All intellectual property rights in work products delivered to the Client by Votiko are owned exclusively by Votiko. Votiko grants the Client a limited, non-exclusive, revocable license to use code provided for chat and text message functionality. This license terminates automatically upon termination of services.

All non-public, confidential information disclosed by Votiko to the Client is confidential and must not be disclosed or used without Votiko's prior written consent. Confidential information does not include publicly available information, information known to the Client before disclosure, or information obtained from a third party on a non-confidential basis. Votiko may seek injunctive relief for violations of confidentiality.

Votiko will use commercially reasonable efforts to comply with privacy and data protection laws. The Client must also comply with applicable privacy laws and limit the personal information processed by Votiko to what is necessary for the services. Votiko aims to secure information but cannot guarantee complete security and is not responsible for third-party circumventions of privacy safeguards.

Votiko warrants that it will perform services professionally and according to the Service Plan. If the Client notifies Votiko of defective services within ten days, Votiko will re-perform the services or refund the price. This is the Client's exclusive remedy for any breach by Votiko.

Except as provided in Section 12, Votiko makes no warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy.

The Client certifies compliance with the Telephone Consumer Protection Act (TCPA) and other telemarketing laws for all leads provided to Votiko. The Client warrants that Votiko is permitted to make outbound calls to these leads and Votiko is entitled to rely on this warranty.

The Client agrees to indemnify and hold Votiko harmless from third-party claims arising from the Client's use of Votiko's services, except for claims resulting from Votiko's gross negligence or willful misconduct.

Votiko is not liable for any indirect, incidental, or consequential damages, including loss of profit or revenue, arising from the services. Votiko's total liability is limited to the amount paid for services during the billing cycle in which the claim arose.

Votiko's waiver of any provision or right under this Agreement must be in writing and signed. Failure to exercise any right or remedy does not constitute a waiver.

Votiko is not liable for delays or failures caused by circumstances beyond its control, including natural disasters, governmental actions, labor disputes, or service interruptions.

The Client may not assign its rights or delegate its obligations under this Agreement without Votiko's prior written consent. The Agreement is binding on the Client's successors and assigns.

The parties are independent contractors. This Agreement does not create an agency, partnership, joint venture, employment, or fiduciary relationship.

This Agreement is governed by the laws of the State of Delaware. Disputes will be resolved through binding arbitration in Arizona under the American Arbitration Association rules. Both parties waive the right to a jury trial.

If any provision of this Agreement is invalid or unenforceable, it does not affect other provisions. Provisions that should continue beyond termination will survive, including confidentiality, data protection, and governing law.

The Client agrees not to solicit or hire Votiko employees without prior written consent or by paying a buy-out fee equal to the employee's last three months of wages multiplied by four. This restriction applies during the term and for six months after termination.

Votiko's performance metrics are historical averages and not guarantees of future performance.

Votiko may update these Terms and will notify the Client of changes by updating the last revision date or through additional notice. Continued use of services constitutes acceptance of the changes.